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11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under
this chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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11-89C-1
Section 11-89C-1 Legislative findings and intent. (a) The Legislature finds and declares
that it is in the public interest and the health, safety, and welfare of the citizens of this
state and within the police power of the state, county, and municipal governments to promote
effective and efficient compliance with federal and state laws, rules, regulations, and permits
relating to discharges into and from municipal separate storm sewers, and to promote and authorize
the discovery, control, and elimination, wherever practicable, of that discharge at the local
government level. (b) It is the intention of the Legislature by passage of this chapter to
assist the state in its implementation of the storm water laws, and to supplement the authority
of the governing bodies of all counties and municipalities in the state to enable them to
implement the storm water laws. (c) It is further the intention of the Legislature to authorize
and promote the intercooperation of the governing bodies in...
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11-80-15
Section 11-80-15 Regulation of fertilizer. (a) A county commission or municipal governing
body may not adopt or continue in effect any ordinance, rule, or resolution regulating the
registration, packaging, labeling, sale, distribution, transportation, storage, or application
of fertilizers. The entire subject matter of the foregoing shall be subject to the jurisdiction
of the Department of Agriculture and Industries. (b) For purposes of this section,
the term fertilizer means any substance containing one or more recognized plant nutrients
which is used for its plant nutrient content and which is designed for use or claimed to have
value in promoting plant growth, except unmanipulated animal and vegetable manures, marl,
lime, limestone, wood ashes, boiler ashes produced by the pulp and paper or the electric utility
industry, and similar products exempted by regulation of the Commissioner of Agriculture and
Industries. (c) This section shall not affect, supersede, or override any zoning...
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11-89C-4
Section 11-89C-4 Powers of public corporation; requirements for development or adoption
of rules, procedures, ordinances, etc. (a) When expressly required to comply with storm water
laws, any public corporation created pursuant to this chapter shall have the following powers:
(1) To establish, maintain, and operate an organizational structure pursuant to this chapter,
its original or amended certification, and its bylaws or other rules of procedure, that will
enable it to implement the storm water laws for and on behalf of any governing body that exercises
the option to participate in or with a public corporation, provided that no new or greater
authorities or powers other than those specifically granted to the governing bodies are conferred
upon any public corporation formed pursuant to this chapter. Except for the authority provided
in subdivision (20), authority to enforce the storm water laws is retained wholly and exclusively
to the governing bodies and may not be further...
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4-3-47
Section 4-3-47 Powers of authority generally. The authority shall have the following
powers, together with all powers incidental thereto or necessary to the discharge thereof
in corporate form: (1) To have succession by its corporate name for the duration of time (which
may be in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued
in its own name in civil actions, excepting actions in tort against the authority; (3) To
adopt and make use of a corporate seal and to alter the same at pleasure; (4) To adopt and
alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire, receive,
take and hold, whether by purchase, option to purchase, gift, lease, devise or otherwise,
property of every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property and to develop any property and to sell, exchange, lease or...
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11-89C-12
Section 11-89C-12 No enforcement action by governing body where ADEM has taken certain
actions. (a) In no event shall any enforcement action be taken by any governing body against
any person for an alleged violation of a local ordinance or resolution pertaining to storm
water discharges into a separate storm sewer if any of the following occur: (1) ADEM has issued
a notice of violation with respect to the same alleged violation, and is proceeding with enforcement
action; (2) ADEM has issued an administrative order with respect to the same alleged violation,
and is proceeding with enforcement action; or (3) ADEM has commenced and is proceeding with
enforcement action or has completed any other type of administrative or civil action with
respect to the same alleged violation. (b) Any determination or resolution with respect to
an alleged violation made by ADEM shall be final, and such alleged violation shall not be
the subject of any additional enforcement action by a governing body...
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11-89C-2
Section 11-89C-2 Definitions. As used in this chapter, the following words and phrases
shall have the following meanings: (1) AGRICULTURAL LAND. Any real property classified or
assessed as agricultural or forest land for property tax purposes. (2) COMMERCIAL PROPERTY.
Any real property that is not residential property, as defined in this section, or
has not specifically been exempted from the fee provisions set out in Section 11-89C-9(d)(1).
(3) GOVERNING BODY. The governing body of a county or municipality in the state which is now
or may hereafter be specifically designated in 40 C.F.R. Part 122, including, but not limited
to, any appendices or revisions promulgated by EPA in conjunction with any expansion of the
agency's municipal separate storm sewer system program (e.g. Phase III, Phase IV, and/or equivalent
expansions), or by ADEM pursuant to the authority delegated to it under the Clean Water Act,
33 U.S.C. ยง1251 et seq. (4) GREENFIELD. Any real property not previously...
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11-89A-2
Section 11-89A-2 Definitions. The following words and phrases used in this chapter,
and others evidently intended as the equivalent thereof, shall, in the absence of a clear
implication herein otherwise, be given the following respective interpretations herein: (1)
APPLICANT. A natural person who files a written application with the governing body of any
county or municipality in accordance with the provisions of Section 11-89A-3. (2) AUTHORITY.
Any public corporation organized pursuant to the provisions of this chapter. (3) AUTHORIZING
RESOLUTION. A resolution or ordinance adopted by the governing body of any county or municipality
in accordance with the provisions of Section 11-89A-3, that authorizes the incorporation
of an authority. (4) BOARD. The board of directors of an authority. (5) BONDS. Bonds, notes,
or other obligations representing an obligation to pay money. (6) COSTS. As applied to a facility
or any portion thereof, such term shall include all or any part of the cost of...
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11-97-2
Section 11-97-2 Definitions. The following words and phrases used in this chapter, and
others evidently intended as the equivalent thereof, shall, in the absence of a clear implication
herein otherwise, be given the following respective interpretations herein: (1) APPLICANT.
A natural person who files a written application with the governing body of any county or
municipality in accordance with the provisions of Section 11-97-3 hereof. (2) AUTHORIZING
RESOLUTION. A resolution of ordinance adopted by the governing body of any county or municipality
in accordance with the provisions of Section 11-97-3 hereof, that authorizes the incorporation
of a corporation. (3) BOARD. The board of directors of a corporation. (4) BONDS. Bonds, notes,
or other obligations representing an obligation to pay money. (5) CORPORATION. Any public
corporation organized pursuant to the provisions of this chapter. (6) COSTS. As applied to
a facility or any portion thereof, shall include all or any part of the...
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45-8A-72
Section 45-8A-72 Alcoholic beverages regulated. (a) This section only applies
to the City of Jacksonville in Calhoun County. (b) Alcoholic beverages may be sold each day
of the week for on-premises consumption by retail licensees of the Alcoholic Beverage Control
Board in the City of Jacksonville if approved by a majority vote of the governing body. (c)
Alcoholic beverages may be sold each day of the week for off-premises consumption by retail
licensees of the Alcoholic Beverage Control Board in the City of Jacksonville if approved
by a majority vote of the governing body. (d) The governing body of the City of Jacksonville,
by resolution or ordinance passed by a simple majority, may regulate but may not prohibit
the sale of both on-premises and off-premises consumption of alcoholic beverages each day
of the week by retail licensees of the Alcoholic Beverage Control Board to the general public.
Retail licensees may sell or dispense alcoholic beverages pursuant to the requirements of
the...
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